How can an attorney challenge evidence in a criminal defense case?
In a criminal defense case in Indiana, an attorney can challenge evidence in a number of ways. The goal of the defense attorney is to prevent the prosecution from introducing evidence that would be harmful to the defendant’s case. Here are a few specific ways an attorney may challenge evidence in a criminal defense case: 1. Motion to Suppress: An attorney can file a motion to suppress, which asserts that the evidence was obtained in violation of the defendant’s Constitutional rights. This can include evidence seized through an illegal search or a coerced confession. 2. Motion to Exclude: This motion is used to prevent the prosecution from introducing evidence into trial on the grounds that it is irrelevant, immaterial, or prejudicial. 3. Object to Objectionable Questions: During cross examination, defense attorneys can object to questions from the prosecution that are potentially misleading or irrelevant. For instance, if the prosecution asks an open-ended question that could lead to improper testimony, the defense attorney can object and ask for a better-worded question. These are just a few of the ways an attorney can challenge evidence in a criminal defense case. It is important that the defendant has an experienced attorney who is familiar with the rules of evidence and the court procedures. With a knowledgeable defense attorney, an accused individual can be sure that their rights will be protected.
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